The High Court in a Criminal Reference dismissed an application for bail under Section 439 CrPC. The bench noted the gravity of the offences (rape, attempt to cause death) and the lack of material change in circumstances, refusing to grant bail.
Prayer for bail of the petitioner is rejected.
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01.03.2022 38 Ct. No. 29 KAUSHIK REJECTED
C.R.M. (DB) 117 of 2022
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gazole Police Station Case No . 414 of 2020 dated 11.04.2020 under Sections 341/376/307/201/506 of the Indian Penal Code, 1860.
And
In Re : Masidur Rahaman. ...… petitioner
Mr. Arup Kumar Bhowmik .…for the petitioner Mr. Saibal Bapuli Mr. B. Bhattacharya .…for the State
Report as called for by the order dated January 31, 2022 filed in Court be taken on record.
The Court is informed that the next date fixed by the Trial Court is March 24, 2022 for recording of evidence.
Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that there is hardly any material change in circumstances subsequent to the earlier order of rejection, we are unable to grant bail to the petitioner.
In such circumstances, prayer for bail of the petitioner is rejected and the application being CRM (DB) 117 of 2022 is dismissed.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2
2 issues framed by the court
Whether bail should be granted to the accused considering the gravity of the offence of rape and attempt to cause death.
Whether there has been any material change in circumstances subsequent to the earlier order of rejection of bail.
2 provisions across 2 enactments
Masidur Rahaman
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
